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The Coeur d’Alene 
Indian Reservation 


Situated in Kootenai County, Idaho 









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THE 

COEUR D’ALENE INDIAN 
RESERVATION 


SITUATED IN 

KOOTENAI COUNTY, IDAHO 


USEFUL DATA AND INFORMATION IN REGARDS TO IDAHO 
AND THE COEUR D’ALENE INDIAN 
RESERVATION 


COPYRIGHT 1908 BY F. L. COON 


1908 

INLAND PRINTING COMPANY 
SPOKANE, WASH. 






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UBHARY of.OONtiWESSj 

1 wo Copies Hec«iy<X: 

MAY 4.1908, 

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JL^fesA XXc. Wo. 

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IDAHO. 


In 1868 Idaho was reduced to the present size and form, by an 
act of Congress creating the Territories of Montana and Wyoming. 
From this date the general elections of Territorial and State officers 
have been held without interruption. 

The discovery of placer diggings in 1864 made Idaho the center 
of attraction in the west, and for the next eight or ten years there 
was a great influx of homeseekers and prospectors.. 

On July 3, 1890, Idaho passed from a Territorial government 
into Statehood. It was the forty-fifth State to join the great Union. 

Hon. Geo. L. Shoup was then Territorial Governor and held the 
office until late in the year of 1890, when he resigned and was elected 
to the United States Senate by the first Legislature that convened 
under jurisdiction of the State, and the Hon. Norman Wiley was 
appointed to fill the vacancy caused by his resignation. 

' Idaho embraces an area of 84,600 square miles, of which 510 
square miles are covered by the waters of inland lakes. Idaho is 
larger than the States of New York and Maine combined and is 
divided into twenty-three counties, the smallest of which is Bear 
Lake, located in the southeastern corner of the State and has an area 
of 864 square miles. Idaho is triangular in shape with the narrow 
part to the north; the length of the State north and south is 487 
miles; its width in the south from east to west is 309 miles, and at 
the north is 48 miles. The general character of the land is moun¬ 
tainous with a gradual slope from the east to the west, the Rocky 
mountains defining its eastern boundary. 

The state is almost wholly drained by the Columbia river and 
its tributaries. The Snake river is the principal river in the southern 
part of the State on which is located the famous Shoshone Falls 
which are unequalled for their grandeur and have a drop of 210 feet. 

It is only recently that any attempt has been made to harness 
the power that can be developed there. 

It is in this part of the State that irrigation is being used 
extensively, and the reclamation service of the United States has 
accomplished wonders in turning this otherwise barren tract into a 
vast garden spot. 

Over 3,000,000 acres are already under the canal system of 
Southern Idaho. The elevation of the southern division of the State 
is from 2,000 feet in the western to 6,000 feet in the eastern part. 

The northern part of the State is chiefly mountainous and is 
covered with vast forests of white pine, yellow pine, fir, cedar, tama- 



4 . 


Coeur d’Alene Indian Reservation. 


rack, and hemlock, while in the valleys there is much fertile land on 
which grains, vegetables and fruit are grown. 

The famous lead and silver mines of the State are also found 
here. The mountain scenery through the northern part of the State 
has no rival. A trip through this district would be a treat to any 
sight-seer, even had they been through the Alps of Switzerland., 


CLASSIFICATION OF LANDS. 

The classification of the lands of the State are practically as 
follows, according to the report of the Commissioner of Immigration 
for Idaho: 

Timber lands ...,..^...20,000,000 

Grazing lands .............20,000,000 

Agricultural lands ...11,000,000 

Mineral lands ... 6,000,000 

There are about 6,000,000 acres of agricultural land in the north¬ 
ern part of the State where all kinds of grains, grasses, fruit and 
vegetables are grown in abundance and irrigation is not needed. 

However, in the southern part, irrigation is required on the 
agricultural land and large tracts of this land are now open to settle¬ 
ment under provisions of the “Carey Act” for the purpose of placing 
the land under irrigation. The character of this land is a volcanic 
ash and produces abundantly when under irrigation. 

The grazing lands exceed all others, as large portions of the 
timber lands furnish abundant summer pastures. There are numer¬ 
ous kinds of grasses to be found on these ranges and as the snowfall 
is usually moderate, all stock will do well during the winter months 
without other feed; while the mountain slopes and hills furnish good 
range in summer for stock and sheep. 

Timber Lands. Most of the timber land is located in the north¬ 
ern part of the State, and here vast forests which are yet untouched 
are found and contain some of the finest white pine to be found in 


CLIMATE. 

The climate of Idaho is one of its chief attractions. Under the 
varying conditions as regards to altitudes, it is possible to find almost 

b .i d u sh T l The altitude varies 

peak ^ the StlTe ’ “ ° f Hyndman Peak > the highest 

The atmosphere is dry. 

. Th e snowfall varies greatly on account of the great difference 
n elevation as in the valley where there is seldom any snow and 
in the mountains it varies from one to ten feet, but the 7 winters are 







Coeur d’Alene Indian Reservation. 




mild and there is seldom much weather below zero in the valleys and 
on the plains, while in the mountains the winters are longer and more 
severe. The summers are ideal except in the southern part where 
the temperature reaches 100 degrees for a short period, but unlike 
the central states the nights are always cool. The precipitation in 
the southern part of the State is very light, while in the northern 
part the average is about 24.74 for the year. 

INDUSTRIES. 

The leading industries of the State are lumbering, mining, agri¬ 
culture, stock-raising and horticulture. The stock-raising industry 
has been followed for years and is well developed, while the lumber¬ 
ing industry is practically in its infancy, although rapid strides have 
been made in the last few years. The mines have developed wonder¬ 
fully and new properties are being opened every day, and with the 
advent of new railroads and transportation facilities.there will be 
more extensive development yet to come. 

While new to a certain extent, the horticultural industry will 
at the present rate soon become one of the most important of 
industries. 


STATE LANDS. 


The following is taken from the report of the Commissioner of 
Immigration : 

By an act of Congress providing for the admission of the Terri¬ 
tory of Idaho as a State into the Union, which was passed July 3, 
1.890, Idaho was granted 668,080 acres of land, to be selected from 
the public domain within the State of Idaho, for the benefit of the 
public institutions belonging to the State. The lands are allotted to 
the different institutions as follows: 


Insane asylum...-.-..- 

University .-.-.-----..-• 

Penitentiary.. 

Public buildings.-. 

Agricultural college.-..*. 

Scientific school .-.-. 

Normal school -.-.- -— .*■ 

Charitable and reformatory institutions. 


, 50,000 
, 96,080 
. 50,000 
32,000 
. 90,000 
. 100,000 
. 100,000 
150,000 


Total.-.*.668,080 

In addition to this, sections 16 and 36 of each township were 
granted to the State for the benefit of the common schools, which 
amounted to 3,014,400 acres. The same act provides that none of this 
land can be sold for less than $10 per acre, and that the proceeds 













6 


Coeur d’Alene Indian Reservation. 


shall constitute a permanent fund to be safely invested and held by 
the State and the income thereof to be used exclusively for the benefit 
of the institution to which the fund belongs., This wise provision of 
Congress has supplied the State with means for providing the 
State institutions with an income that will render them practically 
self-supporting for all time. The State Land Board, which has con¬ 
trol of the state lands and the funds derived from the sales of such 
lands, is composed of the Governor, Secretary of State, Attorney 
General, and Superintendent of Public Instruction. 

All of the land received by the State under this grant has been 
selected with the exception of 6,000 acres. 

The State is also entitled to select 400,000 acres of “lieu lands/’ 
these “lieu lands” to accrue from sections 16 and 36 in those town¬ 
ships included within Indian reservations, or from tracts that had 
been settled and title passed from the Government prior to the pass¬ 
age of the act creating the State. 

How to Acquire State Lands. —In order to acquire title to state 
lands it is necessary to make written application to the State Board 
of Land Commissioners, describing the tract desired to be purchased 
and expressing a willingness to purchase the tract at the appraised 
valuation. The following is the form of application to be made: 


“Application for Sale. 


To the State Board of Land Commissioners, Boise, Idaho: 

I hereby make application to purchase the following described 

land: Section., Township., Range.„. I also agree to bid 

on said land when the same is offered for sale. 

Name.....„... 

Postoffice.i...” 


The land, if not already appraised, will then be appraised by the 
State Appraiser, who is appointed by the Land Board; if the Board 
deems it for the best interest of the State, they will then advertise 
the land for sale, naming a date when it wilfbe offered at public 
auction and sold to the highest bidder, provided it is appraised at 
$10 an acre or more, and that the purchase price is not less than the 
appnused value. These land sales are held in the county in which 
the land is located, and usually at the county court house. The law 
reads as follows concerning the terms of purchase of state lands: 

ayments for Purchase.—Section 20. Pavments for lands and 
timber sold under the provisions of this act shall be made as follows: 

bor timber and for lands chiefly valuable for timber, cash in 
hand; for lands not chiefly valuable for timber, but on which the 
timber is appraised at more than $2.50 per acre, at least one-half 

p/ce, ln cas a h n fn hand ** kSS than ° ne ' tenth ° f the P llrchase 

On all lands whereon there is timber appraised, at not to exceed 








Coeur d’Alene Indian Reservation. 


$2.50 per acre, the appraised value of the timber shall be added to 
and considered as a part of the value of the land, and such land shall 
be deemed agricultural or grazing land, and when sold shall be paid 
for as if no timber were growing thereon. 

Notes shall be given by the purchaser for the unpaid portion of 
the purchase price of all lands sold to him, and shall be due in ten 
years from the date of sale unless the same shall fall due, at the 
option of the State, because of the failure of the purchaser to perform 
the covenants of the contract expressed in said note or notes. 

The rate of interest on all such notes shall be 6 per cent per 
annum, and shall be due and payable as follows: 

On the day of the sale the interest on the unpaid portion of such 
purchase price shall be computed and paid up to the first day of 
January next ensuing, and thereafter it shall become due and pay¬ 
able annually in advance on the first day of January of each year: 
Provided, That the State Board of Commissioners, at any time before 
the expiration of ten years from the date of any sale, may, after in¬ 
spection and favorable report by a member or an agent of said Board, 
extend the time of payment to such purchaser for ten years longer; 
but before a purchaser can be given such extension he must have 
paid all interest due the State, and must accompany his application 
for such extension with a payment of one-tenth of the principal and 
one year’s interest in advance. 

Notes given for such extended payments must bear the same 
rate of interest and be upon the same terms and conditions as those 
required to be given on purchase of lands. 

All notes required to be given by the provision of this section 
shall be executed at the same time that the first payment of purchase 
money is made or extension given, and shall be in the form pre¬ 
scribed by the State Board. 

Any purchaser may make full payment for land purchased, at 
any time; and after the payment of the amount required to be paid 
at the time of sale, a purchaser may pay any part of the amount due, 
and such payment shall be endorsed on the note given of the unpaid 
portion of the purchase price of the land on account of which such 
partial payment has been made. 

Payments, To Whom Made.—Section 21. All payments of 
principal or interest provided for in the last preceding section shall 
be made to the County Treasurer of the county in which the land 
purchased is situated, and all notes required to be executed shall 
be delivered to him by the purchaser at the time of making the first 
payment of principal, at the time of sale. 

Certificates of Sale and Deeds.—Section 23. Upon the sale of 
lands under the provisions of this chapter upon which full payment 
has not been made as herein provided, the State Board shall issue 
to the purchaser a certificate of sale showing the land purchased, 






Fish Lake, near Rathdrum, Idaho 



Scene on Twin Lake, Idaho 




















Co ear d’Alene Indian Reservation. 


9 


the amount paid, the amount due, and the time when the principal 
and interest shall become due. All payments of interest made subse¬ 
quent to the issue of such certificate of sale shall be endorsed upon 
certificate. Up op the filing of countersigned duplicate receipts 
evidencing full payment of principal and interest of any tract of land 
sold, the Governor shall under the great seal of the State, issue a 
deed therefor to the purchaser or his assignee. All deeds so issued 
shall be attested by the Secretary of State, and the Secretary of the 
State Board of Land Commissioners, and a record thereof shall be 
kept in the office of the State Board.” 

State Lands May Be Leased. 

The State Board of Land Commissioners are empowered to 
lease all lands belonging to the State that have been appraised and 
are still unsold, at an annual rental of 10 per cent of the appraised 
valuation. Agricultural lands can be leased for terms of not more 
than four years, and in tracts not to exceed 160 acres in extent to 
any one person. Grazing land can be leased in tracts not to exceed 
640 to one person. Application must be made to the Treasurer of 
the county in which the land is located and must be accompanied 
with the amount of rental computed from the day of application to 
the first day of January next following. The rental from this time 
on becomes due on the first of January of each year in advance. If 
two or more persons desire to lease the same tract of land, the 
County Treasurer is required to give five days’ notice to all parties 
making application to lease the same tract, and auction it off at public 
auction to the person who, in addition to the 10 per cent on the 
appraised value, will pay the highest premium for said land. 

Leases on grazing land are usually made for a period of five 
years, at the end of which time the land is supposed to be reappraised, 
when it can be released for a further period of five years. In the 
counties in the northern part of the State land is leased for agricul¬ 
tural purposes and cropped to wheat. It is customary to summer 
fallow the land each alternate year, and for this, a provision has been 
made by which no rental is charged or collected on summer fallowed 
land. The State Land Board made 360 leases, embracing 114,212 
acres of land, during the years of 1903 and 1904, for which an annual 
rental amounting to $34,874.96 is secured by the State. Of this land 
91,000 acres are leased for grazing, 18,000 acres for agriculture, and 
5,212 are for summer fallow. 

The people seem to be awakening to the benefits to be derived 
by leasing these state lands. In some agricultural sections the state 
lands adjoin the land of farmers who can make valuable use of them, 
and in other parts of the State the grazing lands are equally valuable 
to the man who wishes to reserve a pasture for the fall and winter 



IO 


Coeur d’Alene Indian Reservation. 


feed, which he could not do were it not possible for him to secure 
control of the land. 


Carey Act Lands. 

There are six Carey act tracts within the State that have been 
withdrawn from entry by the Government and turned over to the 
State Land Board to be irrigated under the provisions of an act of 
Congress known as the “Carey Act,” and providing for the pledging 
of the lands as security to a private individual or company who will 
construct the necessary works for irrigation of the lands. When the 
works for the irrigation of the land have been completed, in compli¬ 
ance with a contract that has been entered into with the State Land 
Board, the land is thrown open to settlement by the State Land 
Board and any citizen of the United States is entitled to make entry 
in tracts not less than forty acres nor more than 160 acres. The 
Carey Act is virtually a new right and does not interfere with home¬ 
stead, desert, or other land filings that have been previously made.. 

The law respecting the qualifications of entrymen reads as 
follows: 

“Section 17. Any citizen of the United States, or any person 
having declared his intentions to become a citizen of the United 
States (except married women), over the age of twenty-one years, 
may make application under oath to the Board to enter any of said 
land in an amount not to exceed 160 acres for any one person ; and 
such application shall set forth that the person desiring to make 
such entry does so for the purpose of actual reclamation, cultivation, 
and settlement in accordance with the act of Congress and the laws 
of this State relating hereto, and that the applicant has never received 
the benefit of the provisions of this act to an amount greater than 
160 acres, including the number of acres specified in the application 
under consideration. 

Such application must be accompanied by a certified copy of a 
contract for a perpetual water right, made and entered into by the 
party making application with the person, companv, or association 
who have been authorized by the Board to furnish water for the 
reclamation of said lands; and if such applicant has at any previous 
time entered lands under the provision of this act, he shall so state 
in his application, together with description, date of entry, and loca¬ 
tion of said land. The Board shall thereupon file in this office the 
application and papers relating thereto, and, if allowed, issue a cer¬ 
tificate of location to the applicant. • 

All applications for entry shall be accompanied by a payment’ 
of 25 cents per acre, which shall be paid as a partial payment on the 
iand if the application is allowed, and all certificates when issued 
shall be recorded in a book to be kept for that purpose. If the 



Coeur d’Alene Indian Reservation. 


11 


application is not allowed, the 25 cents per acre accompanying it 
shall be refunded to the applicant. 

The Board shall dispose of a'l lands accepted by the State under 
the provisions of this act at a uniform price of 50 cents per acre, 
half to be paid at the time of entry and the remainder at the time of 
making final proof by the settler.” 

The above extract from the law instructs the settler how to 
proceed to make filing on Carey Act land, and reads as follows: 

“Final Proof.—Section 19. Within one year after any person, 
company of persons, association, or incorporated company, author¬ 
ized to construct irrigation work under the provisions of this act, 
shall have notified the settlers under such Works that they are pre¬ 
pared to furnish water under the terms of their contract with the 
State, the said settler shall cultivate and reclaim not less than one- 
sixteenth part of the land filed upon, and within two years after the 
said notice the settlers shall have actually irrigated and cultivated 
not less than one-eighth of the land filed upon, and within three 
years from the date of said notice the settler shall appear before the 
Secretary of the Board, a Judge or Clerk of the District Court, 
or United States Circuit Court, or Commissioner to be designated 
by the Board, within the State, and make final proof of reclama¬ 
tion, settlement, and occupation, which proof shall embrace 
evidence that he is the owner of shares in the works which entitle 
him to a water right for his entire tract of land sufficient in volume 
for the complete irrigation and reclamation thereof; that he has 
been an actual settler thereon and has cultivated and irrigated not 
less than one-eighth part of said tract; and such further proof, if 
any, as may be required by the regulations of the Department of the 
Interior and the Board. The officer taking this proof shall be entitled 
to a fee of $2.00, which fee shall be paid by the settler and shall be in 
addition to the price paid to the State for the land. 

All proofs so received shall be submitted by the Secretary of 
the Board and shall be accompanied by the last and final payment of 
said land, and upon approval of the same by the Board, they shall 
be forwarded to the Secretary of the Interior, with the request that 
a patent to said lands be issued to the State: Provided, That when 
the Secretary shall take final proof, all fees received by him shall 
be turned into the state treasury.” 

The law provides that each State named in this act, Idaho being 
one, shall be entitled to withdraw 1,000,000 acres under this act. 


KOOTENAI COUNTY. 

Kootenai county was created by an act of the Legislature, ap¬ 
proved December 22, 1864, and is one of the oldest organized counties 
within the State. Until divided by the Ninth Session of the Legisla- 





Lake Coeur d’Alene, Idaho 















Coeur d’Alene Indian Reservation . 


13 


ture in 1907 the county had an area of 8,400 square miles. The 
county of Bonner was created from the northern half of Kootenai. 
The general character of the county is mountainous, but between 
the mountains and along the lakes and rivers are many fertile valleys. 
The county is dotted with many of the most beautiful lakes in the 
west. Coeur d’Alene lake is the largest in the county.. This lake 
is about 22 miles long and from one to three miles wide. There are 
many beautiful bays on the lake and at nearly all of these are many 
costly summer homes. Hundreds of people spend the entire summer 
at this lake either in summer cottages, camping or in house boats 
on the water. Among the other lakes are Hayden lake, Spirit lake, 
Twin lakes, Mud lake and many other smaller lakes. 

The county is well supplied with railroads, having five lines. 
The railroads traversing the county are as follows: The Northern 
Pacific, Oregon Railroad & Navigation Company, Inland Empire 
Ry. Co., Spokane International Ry. Co., and the Idaho, Washington 
& Northern Ry. The Chicago, Milwaukee & St. Paul Ry. is now 
building through the county. This road is building along the St. 
Joe river and across the Indian reservation and will open a country 
that is rich in mines and timber as well as some of the finest farming 
country in the State. 

Lumbering is the chief industry in Kootenai county. At present 
very little of its vast forests have been touched. Some of the largest 
mills in the west are located in this county. 

The mining industry when developed will be one of the foremost.. 
At present there are but few mines that are worked continually on a 
paying basis. The most are in the prospect stage and are being 
developed rapidly. 

Farming is carried on extensively. All grains, apples, pears, 
prunes, plums and all small fruits produce good results here without 
irrigation. 

The principal cities and towns are Rathdrum, Coeur d’Alene, 
St. Maries, Harrison, Spirit Lake and Post Falls. 

Rathdrum is the county seat and is located on the main line of 
the Northern Pacific Railway and on the Idaho, Washington & 
Northern. It is located in the center of a rich farming country and 
tributary to a vast timber belt known as the Hoodoo and Spirit 
valleys. 

It has an excellent system of public schools and two fine school 
buildings. There are four stores, two banks, four hotels, two drug 
stores, harness shop, two livery stables, three saloons and one grain 
elevator located here. 

The population of Rathdrum is about 2,000. 

Coeur d’Alene City is situated at the outlet of Lake Coeur 
d’Alene. This is a thriving city with many modern buildings.. It is 
the distributing point for a vast territory rich in timber, agriculture 



Coeur d’/llene Indian Reservation. 


14 


and mines. The two largest saw mills in the county are located 
here. These are the Coeur d’Alene Lumber Company and the B. R. 
Lewis Lumber Company. The Lewis Lumber Company employs 
about 500 men and operates a railroad in connection with its mill. 
The capacity of the mill is about 300,000 feet a day. There are a 
number of smaller mills located at Coeur d’Alene.. Coeur d’Alene is 
well supplied with transportation facilities. The Northern Pacific 
Ry. Co. has a branch line from Spokane, Wash., to this city and 
connections from here by boat lines to Harrison on the Oregon 
Railroad & Navigation Co. lines for the famous Coeur d’Alene min¬ 
ing district. The Inland Empire system also has a line through this 
city with from fifteen to twenty trains daily to Spokane, Wash. The 
Red Collar Line of steamboats connects with the Inland Empire line 
for all points on Coeur d’Alene lake, the Coeur d’Alene mining dis¬ 
tract, St. Maries, St. Joe and all points on the St. Joe river. 

This city has the most beautiful parks and drives of any city in 
the county and its ideal location makes it a very popular summer 
resort. 

The Idaho Hotel located here is one of the finest in the State. 
It was built and furnished at a cost of $100,000 and is modern in alt 
respects. 

The LLiited States Land Office for this district is located here. 

The population of the city is about 6,000. 

St. Maries is situated on the St. Joe river, on the boundary of the 
east side of the Coeur d’Alene Indian reservation. It is in the center 
of the richest farming district in the country and is the outlet from 
the vast forests on the St. Joe and St., Maries rivers. At present it 
has no railways but is connected with the O. R. & N. Ry. at Harri¬ 
son, and the Northern Pacific Ry. and Inland Empire system at 
Coeur d Alene by several boat lines. The Chicago, Milwaukee & 
St. Paul Ry. is now in course of construction down the St. Joe river 
and will pass through St. Maries. 

The population of St. Maries is about 2,000. 

Harrison is a thriving town located on Coeur d’Alene lake at 
the mouth of the Coeur d’Alene river. Its transportation facilities 
consist of the O. R. & N. Ry. and the boat lines connecting- with 
Coeur d’Alene City. 


COEUR D’ALENE INDIAN RESERVATION. 

Ihe Coeur d’Alene Indian reservation comprises about 500,000 
acres of the best land in Kootenai county. It contains lands of all 
descriptions. Along the St. Joe river are immense tracts of natural 
meadow lands covered with wild grass. This grass when cut and 
cured makes excellent feed and stock thrives on it. Nearly all of the 
timber land will, when cleared, raise fine grains, vegetables and 



Coeur d’Alene Indian Reservation. 


15 


fruits. The soil is a rich black loam and thousands of acres are open 
woods with little or no underbrush. The timber consists of white 
pine, yellow pine, cedar, tamarack, fir and hemlock. Some of the 
heaviest timber land in the State of Idaho is to be found on the 
reservation. 

In the southwestern part of the reservation, where the Indian 
farms are located, they raise as fine crops of grain and fruit as are 
grown anywhere. The soil is very productive and does not need 
irrigation. Plenty of water for domestic purposes is to be had on 
all parts of the reservation. 

On the completion of the Chicago, Milwaukee & St. Paul Ry., 
which is building down the St. Joe river and across the reservation, 
and with the many boat lines on the lake and river, the best trans¬ 
portation facilities will be had for this territory. The Idaho & West¬ 
ern Ry. also proposes to build across the reservation from Coeur 
d’Alene City and connect with the C., M. & St. Paul Ry. 

These lands will be thrown open to settlement after the Indians 
receive their allotments. About 310,000 acres will be left for settle¬ 
ment after the Indians receive their land. The lands will probably 
be appraised at from $1.25 to $5.00 per acre, while there are thou¬ 
sands of acres worth from $45 to $75 per acre. 

It is reported that the Special Allotting Aeent has completed the 
registry of the Indians on the reservation and will begin to allot to 
the Indians very soon. There are about 1,900 quarter sections to be 
thrown open after the allotment. When this land is settled it will 
furnish homes for many people both on farms and in the towns 
which are sure to be budded there. Ota account of the excellent 
markets at hand, in the Coeur d’Alene Mining District, Spokane, 
Wash., and the other cities, this land is extremely desirable. There 
are many quarter sections of this land that are worth from $5,000 to 
$10,000 in their natural state. 

For fishing and hunting this territory is unexcelled. In the 
lakes are found the large lake trout and in some of the lakes are 
found bass and perch. The fishing in the rivers and creeks abound 
with trout and of all fishing, trout fishing is the most exciting. In 
the mountains deer, bear, lynx and mountain lion are to be found 
in plenty Pheasants grouse and prairie chickens are to be found in 
large numbers in the’woods, and on the prairies. Ducks and geese 
are plentiful in the rivers and lakes. . 

On account of the country on all sides of the reservation being 
well settled and with the excellent accommodations for travel, the 
people in settling on this land will not have the hardships through 

which the early settlers passed. _ , _ ,, A1 T r 

Relative to the propsed opening of the Coeur d Alene Indian 
reservation in Idaho, you are informed that the act of June 21, 1906 
(34 Stat., 335), provides that after the survey of the lands within 



n 



St. Joe River, near St. Maries, Idaho 



Logging Scene in North Idaho 











Coeur d’Alene Indian Reservation. 


17 


the reservation, and allotments to the Indians, the residue of the 
lands not reserved for Indians school agency, or other purposes, 
shall be classified as agricultural, grazing, or timber lands, appraised 
and opened to settlement and entry, under the provisions of the 
homestead laws, at not less than their appraised value, in addition to 
the fees and commissions prescribed by law for the disposition of 
lands, of the value of $1.25 per acre, by proclamation of the President, 
which shall prescribe the time when, and manner in which the lands 
shall be settled upon, occupied and entered, and no person will be 
permitted to settle upon, occupy, and enter any of said lands except 
as prescribed in said proclamation. 

The appraised price of the land is to be paid in accordance with 
rules and regulations to be prescribed by the Secretary of the Interior 
upon the following terms: One-fifth to be paid in cash at the time of 
entry, and the remainder in five equal annual installments to be paid 
in one, two, three, four, and five years, respectively, from and after 
the date of entry, and in case an entryman fails to make the annual 
payments, or any of them, promptly when due, all rights in and to 
the land covered by his or her entry will cease, and any payment 
theretofore made will be forfeited, the entry canceled, and the lands 
reoffered for sale and entry. 

Lands remaining undisposed of at the expiration of five years 
from the opening of the lands to entry are to be sold to the highest 
bidder for cash at not less than $1 per acre, under rules and regula¬ 
tions to be prescribed by the Secretary of the Interior, and any lands 
remaining unsold ten years from the date of the opening of the lands 
to entry may be sold to the highest bidder for cash, without regard 
to the above-stated minimum price. 

Commutation is allowed of entries of lands classified as agricul¬ 
tural and grazing, and the entryman, upon commutation, is not to 
be required to pay, in the aggregate, any sum in excess of the 
appraised value of the land. 

The general mining laws are extended to, and mineral entry 
may be made for, any of said lands, but no mineral location will be 
permitted for any lands allotted in severalty to the Indians. 

All coal and oil deposits in or under the lands within the reserva¬ 
tion are to remain the property of the United States, and no. patent 
that may be issued under the provisions of the act opening the 
reservation to entry, or any other act of Congress, will convey any 
title thereto. 

Sections 16 and 36 are excepted from the provisions of the act 
and granted to the State of Idaho for school purposes. 

The Secretary of the Interior is authorized to reserve from other 
disposition such tracts for townsite purposes as, in his opinion, may 
be required for future public interests, and may cause such reserva- 




18 


Coeur d’Alene Indian Reservation. 


tions to be surveyed into blocks and lots of suitable size, and ap¬ 
praised and disposed of under such regulations as he may prescribe. 

The lands that will be thrown open to settlement and entry will 
aggregate, approximately, 310,000 acres. 

As a considerable time must elapse before the allotments, classi¬ 
fication and appraisal can be completed, it is not possible at this 
time to state approximately the date when the reservation will be 
opened, but timely notice of the opening will be given to the general 
public through the press. The foregoing is a copy of a letter issued 
by the Commissioner of General Land Office, Washington, D. C. 

LAND LAWS. 

Below are given brief extracts taken from the principal land 
laws: 

Homesteads.—The homestead laws secure to qualified persons 
the right to settle upon, enter, and acquire title to not exceeding one 
quarter section, or 160 acres, of public land, by establishing and 
maintaining residence thereon and improving and cultivating the 
land for the continuous period of five years. 

A homestead entryman must be the head of a family or a person 
who has arrived at the age of 21 years, and a citizen of the United 
States, or one who has filed his declaration of intention to become 
such, as required by the naturalization laws, to which section 5 of 
the act of March 3, 1891 (26 Stat. L., 1095; Appendix No. 44), 
attaches the condition that he must not be the proprietor of more 
than 160 acres of land in any State or Territory. 

All applications for homestead entry must be made on Form 
No., 4-007, and filed in the local office of the land district in which 
the land applied for is located, accompanied by the legal fee and 
commission in each case and the proper affidavits made by the home¬ 
stead applicant. 

The required affidavits must be made before the register or 
receiver (2290 Rev. Stat.) or any United States Commissioner or 
Commissioner of the Court exercising Federal jurisdiction in the 
Territory or before the Judge or Clerk of any Court of Record in the 
land district in which the lands are situated. 

In case said affidavits are taken out of the county in which the 
land applied for is located, the applicant must show, by affidavit 
satisfactory to the Commissioner of the General Land Office, that 
the same were taken before the nearest or most accessible officer 
qualified to take the same in the land district in which the land 
applied for is located. (Sec. 2294 Rev. Stat., as amended by act Mar. 
11, 1902, 32 Stat., p. 63; Appendix No. 91.) - 

A person in active service in the Army or Navy of the United 
States, whose family or some member thereof is residing on the land 




Coeur d’Alene Indian Reservation. 


19 


which he wishes to enter, and upon which bona fide settlement and 
improvement have been made, may, by special enactment, make the 
affidavit required by law before the officer commanding in the branch 
of service in which the applicant is engaged. (Sec. 2293, Rev. Stat.; 
Appendix No. 1.) 

A false oath taken before an officer other than the register or 
receiver, who is qualified by law to administer oaths in homestead 
cases, is perjury, the same as if taken before the register or the 
receiver. 

Where a wife has been divorced from her husband or deserted, 
so that she is dependent upon her own resources for support, she 
can make homstead entry as the head of a family or as a femme sole. 

Where an unmarried woman settles upon a tract of public land, 
improves the same, establishes and maintains a bona fide residence 
thereon with the intention of appropriating the same for a home 
under the homestead law, and thereafter marries before making 
entry of said land, or before making application to enter said land, 
she does not, on account of her marriage, forfeit her right to make 
entry and receive patent for the land: Provided, She does not 
abandon her residence on said land, and is otherwise qualified to 
make homestead entry: And provided further, That the man whom 
she marries is not, at the time of their marriage, claiming a separate 
tract of land under the homestead law. (Act June 6, 1900, 31 Stat. 
L., 683; Appendix No. 88.) 

To obtain a homstead, the party should select and personally 
examine the land and be satisfied of its character and true descrip¬ 
tion. He must file an application, stating his name, residence, and 
post-office address, and describing the land he desires to enter (Form 
4-007, p. 275), and make affidavit that he is not the proprietor of 
more than 160 acres of land in any State or Territory; that he is a 
citizen of the United States, or that he has filed his declaration of 
intention to become such, and that he is the head of a family or over 
21 years of age, as the case may be; that his application is honestly 
and in good faith made for the purpose of actual settlement and 
cultivation and not for the benefit of any other person, persons, or 
corporation, and that he will faithfully and honestly endeavor to 
comply with all the requirements of law as to settlement, residence, 
and cultivation necessary to acquire title to the land applied for; 
that he is not acting as agent of any person, corporation, or syndicate 
in making such entry, nor in collusion with any person, corporation, 
or syndicate to give them the benefit of the land entered, or any part 
thereof, or the timber thereon; that he does not apply to enter the 
same for the purpose of speculation, but in good faith, to obtain a 
home for himself, and that he has not, directly or indirectly, made 
and will not make any agreement or contract in any way or manner, 
with any person or persons, corporation, or syndicate whatsoever, 





Scene near Lake Coeur d’Alene, Idaho 



Head of Navigation, St. Joe River, Idaho 


















Coenr d’Alene Indian Reservation. 


21 


by which the title which he might acquire from the Government of 
the United States should inure, in whole or in part, to the benefit of 
any person except himself; and, further, that since August 30, 1890, 
he has not acquired title to, nor is he claiming, under any of the 
agricultural public land laws, an amount of land which, together 
with the land he is seeking to enter, will exceed in the aggregate 
320 acres, and that he has not theretofore had the benefit of the 
homestead laws, and must pay the legal fee and that part of the 
commission which is payable when entry is made. 

On compliance by the party with the foregoing requirements, 
the receiver will issue his receipt for the fee and that part of the 
commissions paid, a duplicate of which he will deliver to the party. 
The matter will then be entered on the records of the district office 
and reported to the General Land Office. 

FINAL PROOF. 

A settler desiring to make final proof must file with register of 
the proper land office a written notice, in the prescribed form, of his 
intention to do so, which notice will be published by the register in 
a newspaper to be by him designated as nearest the land, once a 
week for five successive weeks, at the applicant’s expense. 

Applicants should begin to make their proofs in sufficient time 
to complete and file them in the local office within the statutory 
period of seven years from date of entry. 

The final affidavits and proof may be made before the register 
or receiver, or before any United States Commissioner, or Com¬ 
missioner of the Court exercising Federal jurisdiction in the Terri¬ 
tory, or before the Judge or Clerk of any Court of Record in the land 
district in which the lands are situated: Provided, That in case 
the affidavits and proof are taken out of the county in which the land 
is located, the applicant must show, by affidavit satisfactory to the 
Commissioner of the General Land Office, that said affidavits and 
proof were taken before the nearest or most accessible officer quali¬ 
fied to take the same in the district in which the land entered is 
located, but such showing by affidavit need not be made if the proof 
be taken in the town or city where the newspaper is published in 
which the final proof notice is printed. (Act Mar. 11, 1902, 32 Stat. 
L., 63; Appendix No. 91.) 

Proofs can only be made by the homestead claimant in person, 
and can not be made by an agent, attorney, assignee, or other person, 
except that in case of death of the entryman proof can be made by 
the statutory successor to the homestead right, in the manner pro¬ 
vided by law. 



22 


Coeur d'Alene Indian Reservation. 


Heirs of a Homestead Settler. 

Where a homestead settler dies before the consummation of his 
claim, the widow or, in case of her death, the heirs may continue 
settlement or cultivation, and obtain title upon requisite proof at the 
proper time. If the widow proves up, title passes to her; if she dies 
before proving up and the heirs make proof, the title will vest in 
them. 

Homestead Claims Not Liable for Debt. 

No lands acquired under the provisions of the homestead laws 
are liable for the satisfaction of any debt contracted prior to the issue 
of patent. 

The sale of a homestead claim by the settler to another party 
before becoming entitled to a patent vests no title or equities in the 
purchaser as against the United States. In making final proof, the 
settler is by law required to swear that no part of the land has been 
alienated except for church, cemetery, or school purposes, or the 
right-of-way of railroads, canals, or ditches for irrigation or drainage 
across it. 

Homestead entries may be made within National Forests of 
lands chiefly valuable for agricultural purposes, under the act of 
June 11, 1906. Only lands that have been examined, classified and 
listed as subject to settlement and entry can be taken. Both sur¬ 
veyed and unsurveyed lands are subject to the operation of this act. 

Commutation proof offered under a homestead entry made on 
or after November 1, 1907, must show that the entrvman has, in 
good faith, actually resided upon and cultivated the land embraced in 
his entry for the full period of at least fourteen months. 

In general the law allows but one homestead privilege, but there 
are special statutes authorizing second entries under certain condi¬ 
tions and circumstances. Briefly the following classes of persons, if 
otherwise qualified, may make second homestead entries: 

One who commuted a homestead entry prior to June 5, 1900. 
But he would not be entitled to commute the second entry. It could 
only be perfected by five years’ residence. 

One who prior to May 17, 1900, paid for land to which he would 
afterwards have been entitled to receive patent without payment, 
under the “free homestead” act. 

One who forfeited his original entry prior to April 28, 1904, 
because he was unable to perfect it on account of some unavoidable 
complication in his business or personal affairs, or because he was 
honestly mistaken in the character of the land, provided the original 
entry was not relinquished for a consideration. 

One who has already made homestead final proof for less than 
160 acres, may, being otherwise qualified, make a second entry tor an 




Coeur d’Alene Indian Reservation. 


2 3 


amount of land, which when added to that of his first entry, will not 
exceed 160 acres. 


Additional Homesteads. 

The law fixes the limit of a homestead entry at 160 acres, or a 
quarter section. If one elects to take less he waives his claim to a 
larger acreage and must abide his choice, nor has he many chances 
to recoup the loss. 

After perfecting this “short” entry he may make a second one, 
as mentioned, but would be required to reside thereon and otherwise 
comply with the law as in the first instance.. 

An additional homestead entry may be made of public land 
adjoining one’s original entry (of less than 160 acres) if he owns 
and is residing on the latter. The acreage of the additional entry can 
not exceed that which if added to the area of the original would make 
160 acres. Neither residence nor cultivation is required on this addi¬ 
tional entry which will be patented at the same time the original 
entry is patented. 

The “adjoining farm” homestead is kindred to the additional 
entry but not such in fact. One who is qualified to make a home¬ 
stead entry and who owns and resides on a tract of less than 160 
acres (which he may have acquired by purchase) may enter other 
land contiguous to that he lives on to an amount which with that 
he owns will not exceed 160 acres. The entryman must fulfill the 
requirements of the homestead law as to' residence and cultivation, 
but he need not remove from the tract which he owns to that which 
he has entered. Patent for the .adjoining farm entry will not issue 
until after five years from date of entry. 

s% ■ i 

Soldiers’ Homesteads. 

Any officer, soldier, sailor or marine, who served for not lesd 
than 90 days in the army of the United States (and was honorably 
discharged) during the. Civil War, the war with Spain or the sup¬ 
pression of the insurrection in the Philippines, is entitled to have the 
term of his service deducted from the five years’ period of residence 
required under the .homestead, laws, but a residence of at least fone 
year will be required in all cases. A soldier may file a homestead 
declaratory statement either in person or by agent duly authorized 
by power of attorney. This filing holds the land for a period of six 
months within which time the soldier must personally make his entry 
and establish his residence. About the only advantage of this pro¬ 
vision is to permit the soldier to have a tract selected by an agent 
and to have his right to the same reserved for a period of six months. 





Lake Coeur d’Alene, Idaho 



Twin Lake, Idaho, in Winter 














Coeur d’Alene Indian Reservation. 


25 


Desert Lands. 

The act of March 3, 1877, entitled “An act to provide for the sale 
of desert lands in certain States and Territories,” contained three 
sections. By the act of March 3, 1891, five sections were added 
thereto, numbered from 4 to 8. The first section provides for. the 
reclamation of such lands by “conducting water upon the same,” and 
that “no person shall be permitted to enter more than one tract of 
land, and not to exceed six hundred and forty acres, which shall be 
in compact form.” The second section provides “that all lands, 
exclusive of timber lands and mineral lands, which will not, without 
artificial irrigation, produce some agricultural crop, shall be deemed 
desert lands within the meaning of this act,” and the third section 
provides that “this act shall only apply to and take effect in the 
States of California, Oregon, and Nevada and the Territories of 
Washington, Idaho, Montana, Utah, Arizona, New Mexico, Wyom¬ 
ing, and Dakota, and the determination of what may be considered 
desert land shall be subject to the decision and regulation of the 
Commissioner of the General Land Office.” 

It is therefore prescribed as follows: 

First. Lands bordering upon streams, lakes, or other natural 
bodies of water, or through or upon which there is any river, stream, 
arroyo, lake, pond, body of water, or living spring, are not subject 
to entry under the desert land law until the clearest proof of their 
desert character is furnished. 

Second. Lands which produce native grasses sufficient in quan¬ 
tity, if unfed by grazing animals, to make an ordinary crop of hay 
in usual seasons are not desert lands. 

Third. Lands which will produce agricultural crops of any kind 
in amount to make the cultivation reasonably remunerative are not 
desert. 

Fourth. Lands containing sufficient moisture to produce a 
natural growth of trees are not to be classed as desert lands. 

By the fourth section the partv making entry is required at the 
time of filing the declaration to file also a map of the land, which 
shall exhibit a plan showing the mode of contemplated irrigation, 
and which plan shall be sufficient to thoroughly irrigate and reclaim 
said land and prepare it to raise ordinary agricultural crops, and 
shall also show the source of the water to be used for irrigation and 
reclamation. Provision is made that persons may associate together 
in the construction of canals and ditches for irrigating and reclaiming 
tracts entered or proposed to be entered by them, and that they may 
file a joint map or maps showing their plan of internal improvements. 

By the fifth section it is required that the entryman shall expend, 
for the purpose of the statute, at least $3 per acre—$1 per acre during 
each year for three years—and shall file proof thereof during each 



26 


Coeur d'Alene Indian Reservation. 


year, such proof to consist of his affidavit, corroborated by the affida¬ 
vits of two or more witnesses, showing that the full sum of $1 per 
acre has been expended during such year and the manner in which 
expended, and at the expiration of the year a map or plan showing 
the character and extent of improvements; that failure .to file me 
required proof during any year shall cause the land to revert to the 
United States, the money paid to be forfeited, and the entry to be 
cancelled; and it is provided that the party may make his final entry 
and receive his patent at any time prior to the expiration of the three 
years on making the required proof of reclamation, of expenditure 
to the aggregate amount of $3 per acre, and of the cultivation of one- 
eighth of the land. 

The sixth section provides that entries made prior to the date 
of the amendatory act of March 3, 1891, may be perfected according 
to the provisions of March 3, 1877, as originally enacted, or at the 
option of the claimant, may be perfected under the law as amended, 
so far as applicable, and repeals all acts or parts of acts in conflict 
with the act as amended. 

The seventh section provides that at any time after filing the 
declaration, and within the period of four years thereafter, upon 
making satisfactory proof of the reclamation and cultivation of the 
land according to the legal requirements, and that he or she is a 
citizen of the United States, and upon payment in full therefor, a 
patent shall issue for the land to the applicant or his 
assigns. It limits the amount of land that may be held 
by any person or association of persons by assignment or otherwise, 
prior to the issue of patent, to 320 acres as the maximum; providing, 
however, that this section shall not apply to entries made prior. 
Provision is made therein for contests on sufficient grounds, and that 
on proof thereof the entry shall be cancelled and the lands and money 
paid therefor forfeited to' the United States. 

By the eighth section the provisions of the original act and the 
amendments are extended to Colorado. 

By the same section the right to make desert land entry is re¬ 
stricted to resident citizens of the State or Territory in which the 
land sought is located, whose citizenship and residence must be duly 
shown. 

The amount of land which might be entered by any one person 
under the desert land law was fixed by the act of March 3, 1877, at 
the maximum of one section, or 640 acres. Under the act of August 
30, 1890, no person could be permitted to enter thereafter more than 
320 acres in the aggregate under all the land laws, which is construed 
by the seventeenth section of the act of March 3, 1891, not to include 
the amount of mineral lands entered in the prescribed maximum. 
Parties initiating claims are required to make affidavit to show ob¬ 
servance of such inhibition. Under the amendatory act of March 





Coeur d’Alene Indian Reservation , 


27 


3, 1891, above, no person is entitled to hold, under assignment or 
otherwise, prior to the patent, more than 320 acres entered as desert 
land, but this will not affect entries made prior to the approval of 
the amendatory act. 

Assignees must properly prove their assignments by filing in the 
local office an affidavit and certified copy of the instrument under 
which they claim, and must make affidavit of the amount of land 
held. 

Persons making desert land entries must acquire a clear right to 
the use of sufficient water for the purpose of irrigating the whole of 
the land, and of keeping it permanently irrigated. A person who 
makes a desert land entry before he has secured a water right does 
so at his own risk ; and as one entry exhausts his right of entry, such 
right can not be restored or again exercised because of failure to 
obtain water to irrigate the land selected by him. 

Mining Claims. 

Mining claims may be quartz or placer.. They are initiated by 
filing a location certificate in the office of the County Recorder at 
the county seat of the county in which the claim is located. They 
may be held and worked for any length of time without securing a 
patent if $100 or more is expended in labor or improvement on each 
claim every year. 

When a patent is wanted on a quartz claim or a placer claim, 
on unsurveyed land, a survey must be made by a Deputy United 
States Surveyor, application for patent must be made in the local 
land office, and a notice secured and published and posted on the 
claim. 

Placer claims are to conform as nearly as practicable to the lines 
of Government survey and are not to exceed twenty acres. Two 
dollars and fifty cents per acre is the cost of placer land. 

Quartz claims may be 1500 feet in length along the lode or vein 
and not to exceed 300 feet in width each side of the center of the 
vein, but the width may be restricted by local laws to any number of 
feet not less than twenty-five feet each side of the middle of the vein. 
Five dollars per acre is the charge for land embraced in a lode claim. 

Timber and Stone Lands. 

The act of Tune 3, 1878, provides for the sale of all timber lands 
in the States of California, Oregon, Nevada and Washington, and 
the act of August 4, 1892, extends the provision of the former act to 
all the public land States. 

1. The quantity of land which may lawfully be acquired under 
said acts by any one person or association is limited to not exceeding 
160 acres, which must be in one body. 




View of Rathdrum, Idaho, taken from the Peak of Rathdrum Mountain, 4970 feet in height 


Dock at Coeur d’Alene, Idaho 


mm i 














Coeur d’Alene Indian Reservation. 


29 


2 . The land must be valuable chiefly for timber (or stone) and 
unfit for cultivation at the time of sale. 

3. It must be unreserved, unappropriated and uninhabited, and 
without improvements (except for ditch or canal purposes) save 
such as were made by or belong to the applicant. 

4. Lands containing saline or valuable deposits of gold, silver, 
cinnabar, copper, or coal are not subject to entry under this act. 

5. One entry ,or filing only can be allowed any person or asso¬ 
ciation of persons. A married woman may be permitted to purchase 
under said act, provided the laws of the State or Territory in which 
the entry is made permit a married woman to purchase and hold 
real estate as a femme sole; but in addition to the proof already 
provided for she shall make affidavit at the time of entry that she 
proposes to purchase said land with her separate money, in which 
her husband has no interest or claim; that said entry is made for 
her sole and separate use and benefit; that she has made no contract 
or agreement whereby any interest whatever therein will inure to 
the benefit of her husband or any other person, and that she has 
never made an entry under said act, or derived or had any interest 
whatever, directly or indirectly, in or from a former entry made by 
any person or association of persons.. 

6. A person applying to purchase a tract under the provisions 
of this act is required to make affidavit before a duly authorized 
attesting officer that he has made no prior application under this 
act; that he is by birth or naturalization a citizen of the United 
States, or has declared his intention to become such. If native born, 
parole evidence of the prescribed qualifications must be furnished. 
The affidavit must designate by legal subdivisions the tract that the 
applicant desires to purchase, setting forth its character as above, 
stating that the same is unfit for cultivation, and valuable chiefly 
for its timber and stone; that it is uninhabited; contains no mines or 
other improvements, except for ditch or canal purposes (if any exist), 
save such as were made by or belong to the applicant, nor as de¬ 
ponent verily believes, and valuable deposits of gold, silver, cinnabar, 
copper, or coal; that deponent does not apply to purchase the same 
on speculation, but in good faith to appropriate it to his own exclu¬ 
sive use and benefit; and that he has not, directly or indirectly, made 
any agreement or contract, in any way or manner, with any person 
or persons, whomsoever, by which the title he may acquire from the 
Government of the United States shall inure in whole or in part to 
the benefit of any person except himself. 

7. Every person swearing falsely to any such affidavit is guilty 
of perjury, and will be punished as provided by law for such offense. 
In addition thereto, the money that may be paid for the land is 
forfeited, and all conveyances of the land, or of any right, title, or 





3 ° 


Coeur d'Alene Indian Reservation. 


claim thereto, are absolutely null and void as against the United 
States. 

8. The sworn statement required as above (section 2 of the 
act) must be made upon the personal knowledge of applicant, except 
in the particulars in which the statutes provide that the affidavit 
may be made upon information and belief. 

9. The attesting officer will in every case read this affidavit 
to applicant, or cause it to be read to him in their presence, before 
he is sworn or his signature is attached thereto. 

10. The published notice required by the third section of the 
act must state the time and place when, and name the officer before 
whom, the party intends to offer proof, which must be after the 
expiration of the sixty days of publication and must also contain the 
names of the witnesses who are to testify. The period of publication 
is complete when the notice has been inserted for nine successive 
issues of a weekly newspaper, and the full statutory period has 
elapsed. 

11. The evidence to be furnished to the satisfaction of the 
register and receiver at time of entry, as required by the third section 
of the act, must be taken before an officer authorized to take the 
same under the act of March 11, 1902, and will consist of the testi¬ 
mony of claimant, corroborated by the testimony of two disinterested 
witnesses. The testimony will be reduced to writings by the attest¬ 
ing officer upon the blanks provided for the purpose, after verbally 
propounding the questions set forth in the printed forms. The 
accuracy of affiant’s information and the bona tides of the entry 
must be tested by close and sufficient oral examinations. The attest¬ 
ing officer shall especially direct such examination to ascertain 
whether the entry is made in good faith for the appropriation of the 
land to the entryman’s own use, and not for sale or speculation, and 
whether he has conveyed the land or his right thereto, or agreed to 
make any such conveyance, or whether he has directly or indirectly 
entered into any contract or agreement in any manner with any 
person or persons whomsoever by which the title that may be 
acquired by the entry shall inure, in whole or part of, to the benefit 
of any person or persons except himself. The attesting officer shall 
certify to the fact of such oral examination; its sufficiency, and his 
satisfaction therewith.. 

12. The affidavits and proofs required under this act may be 
taken before the register or receiver, or before any United States 
Commissioner, or Commissioner of the Court exercising Federal 
jurisdiction in the territory, or before the Clerk or Judge of any Court 
of Record in the land district in which the lands are situated: Pro¬ 
vided, That in case the affidavits and proofs are taken out of the 
county in which the land is located, the applicant must show, by 
affidavit satisfactory to the Commissioner of the General Land Office. 




Coeur d’Alene Indian Reservation. 


3 1 


that it was taken before the nearest or most accessible officer quali¬ 
fied to take such affidavits and proofs in the land district in which 
the land applied for is located, but such showings by affidavit need 
not be made in making final proof if the proof is taken in the county 
or city where the newspaper is published in which the final proof 
notice is printed. 

43. The entire proof must be taken at one and the same time, 
and payment must be made at the time of offering proof. Proofs 
will in no way be accepted in absence of a tender of the money; and 
the register’s certificate will in no case be given to the party or his 
attorneys, but must be handed directly to the receiver by the register; 
and no note will be made upon the plats or tract books until the 
receiver’s receipt has been issued. The proof, certificate, and receipt 
must in all cases bear even date when taken before the register or 
receiver. 

14. When an adverse claim, or any protest against accepting 
proof or allowing an entry, is filed before final certificate has been 
issued, the register and receiver will at once order a hearing and 
will allow no entry until after their written determination upon such 
hearing has been rendered. They will report their final action in 
all protests and contest cases, and transmit the papers to this office. 

15. After certificate has been issued, contest, applications, and 
protests will be submitted to this office, as in other cases of contest 
after final entry. 

16. Contests may be brought against timber and stone land 
applications or entries in accordance with rule 1 of Rules of Practice, 
either by an adverse claimant or by any other person, and for any 
sufficient cause affecting the legality or validity of the filing, entry, 
or claim. 

17. In case of an association of persons making application for 
an entry under this act, each of the persons must prove the requisite 
qualifications, and their names must appear in the sworn statement, 
as in case of an individual person. They must also 1 unite in the 
regular application for entry, which will be made in their joint 
names as in other cases of joint cash entry. The forms prescribed 
for cases of applications by individual persons may be adapted for 
use in applications of this class,—and the sworn statement as to the 
character of the land may be made by any one member of the asso¬ 
ciation upon his personal knowledge. 

18. No person who has made an individual entry or application 
can thereafter make one as a member of an association, nor can any 
member of an association making an entry or application be allowed 
thereafter to make an individual entry or application. 

19. Applicants to make timber land entries and claimants and 
witnesses making final proof, must in all cases state their places of 
actual residence, their business or occupation, and their postoffice 



32 


Coeur d’Alene Indian Reservation. 


address.. It is not sufficient to name a county or state or territory 
where a party lives, but the town or city must be named; and if 
residence is in a city the street and number must be given. 

The United States Land Offices of Idaho are located as follows: 

Blackfoot, Bingham County. 

Hailey, Blaine County. 

Boise, Ada County. 

Lewiston, Nez Perce County. 

Coeur d’Alene, Kootenai County. 

These land offices have the jurisdiction of the unappropriated 
lands of the Government in the State of Idaho. 


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